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婵炲娲栫欢銉︾┍閳╁啩绱� | 婵炲娲栫欢銉╁棘娴煎瓨顦� | 婵℃鐗呯欢锟� | 缂侇喗鍎抽幖褔寮崶鈺冨娇 | 闁告帗鍨崇花銊モ枖閺囩偟浼� | 婵ɑ鍨崇花銊モ枖閺囩偟浼� | 缂備礁绻戠粊鐟扳枖閺囩偟浼� | 閻炴稑鏈弬鍌氣枖閺囩偟浼� | 閻犲洤顦抽鎾斥枖閺囩偟浼� | 闁告艾鐗勯埀顑藉亾闁靛棌鍋撻柛姘炬嫹 | 婵℃鐗呯欢銉у垝妤e啠鍋撻敓锟� | 婵炲娲栫欢銉╁棘閸ワ箑濮� | 闁告艾鐗嗛幃鎾绘嚑閸愨晜鎷� | 婵炲娲栫欢銉ф暜濮濆瞼妲� | 闁告瑦鐡曢埀顒€鍟撮。鑺ユ償閿燂拷 | 
婵炲娲栫欢銉╁炊閸欍儱濮� | 閻犲洤顦抽鎾诲箰閸パ冪 | 閻㈩垰鎽滈弫銈呪枖閺団槅娼� | 婵炲娲栫欢銉р偓鍦仜婵拷 | 婵炲娲栫欢銉╂煂婵犱胶鐤� | 婵炲娲栫欢銉╂⒒椤斿墽鎽� | 婵炲娲濋~澶屾喆閿濆牜鍤� | 閻熶椒绀侀崹浠嬪棘閸ワ箑濮� | 閻庤浜濈涵鍓佺尵閿燂拷 | 婵ɑ鍨甸弲銏犫枖閺囩姾顫� | 閻炴稑鏈弬鍌氣枖閺囩姾顫� | 缂備礁绻戠粊鐟扳枖閺囩姾顫� | 闁告帗鍨剁涵鍓佺尵閿燂拷 | 缂佲偓閸欍儳绐楁繛澶嬫礈鐞氾拷 | 婵℃鐗呯欢銉ф惥鐎n亜鈼� | 闁靛棌鍋撻柕鍡忓亾闁靛棌鍋撻柕鍡忓亾
Rule of Rules: An Inquiry intoAdministrative Rules in China's Rule of Law Context

 
 First, tocompile the five-year legislation plan and annual legislation plan. Thecontents of a five-year plan are strongly influenced by the concurrentfive-year economic and social development plan which is also compiled by theState Council. In this sense, the inclusions of a regulation on five-year planis no guarantee for its being drafted. The annual plan, on the other hand, ismuch more followed by the Legal Affairs Bureau of State Council. If aregulation is to be drafted and to be promulgated, usually it is a prerequisiteto get it on the annual plan. Beginning from the very first stage, law-makinginvites struggles. As a Western scholar observed, Ministries employ varioustactics to get their preferred legislation on the annual plan.16
 
 Second, draftingregulation. While the Legal Affairs Bureau of the State Council usually takes aconsiderable bulk of regulation drafting work, not all administrativeregulations are drafted by it. Many regulations were drafted by Ministries towhich the drafted regulations are relevant. Usually, if a ministry wins a placeon the agenda for its proposed draft regulation, the ministry and the LegalAffairs Bureau will establish a drafting group(qicao xiaozu). The group is led by the Bureau and will includerepresentatives of the principal drafting ministry and of other “concerneddepartments” to produce an “opinion-solicitation draft” (zhengqiu yijian gao).
 
 Third,soliciting opinions. When the draft is finished, the Legislative Affairs Bureaucirculates the draft to all other closely concerned ministries or departments,and then later to other departments and provincial governments, and, in recentyears, to selected legal scholars to solicit opinions on the draft. Opinionssuggesting revisions, then, are returned to the Legislative Affairs Bureauwhich shall forward the comments and opinions to the drafting group, togetherwith the Bureau’s comments summarized from solicited opinions. The drafting groupwill then revise the draft. This process is usually repeated several timesbefore the Bureau submit the draft to the Standing Committee of the StateCouncil for discussion and vote.
 
 Forth,coordinating competing opinions among departments and between centraldepartments and local governments. Since regulations are relating to allocationof powers and interests among different agencies, in the drafting andopinion-soliciting process those agencies involved usually struggle to benefitmore from the coming regulation. Thus, the opinions solicited form involvedagencies are sharply contending, which makes the coordination necessary. In essence, the process ofcoordinating competing opinions is a process in which departments and localgovernments bargain and comprise with each other in order to maximize eachinterests, advocated by the Legal Affairs Bureau.
 
 Fifth, reviewingthe revised draft and compiling the explanation and the report of the draftbefore it goes to the Standing committee of the State Council for discussionand ratification. The Legislative Affairs Bureau reviews the revised draft (cao’an) to check its legality andconsistency with laws of the NPC and previous regulations. The bureau then makean explanation (shuoming) of theproposed draft and a detailed report of the draft (shencha baogao), and its own final recommendation (yijian) about the draft.
 
 Sixth,Ratification of the draft. The draft, together with the explanation, report,and final recommendation made by the Legal Affairs Bureau, then goes to theStanding committee of the State Council for discussion and ratification.Usually there is a formal meeting—the executive meeting (changwu huiyi)---presided by the Premier attended by vice-premiers,State councilors, and the Secretary General of the State Council,17inwhich the official form the Legislative Affairs Bureau and a representative ofthe drafting departments present the draft, the explanation, the report and therecommendation. The constitution does not state the procedure for the StateCouncil to pass its regulations. In practice, however, the Premier virtuallyhas thepower to make finaldecision, since the Constitution of 1982 provides that the Premier assumesoverall responsibility for the work of the State Council,18and that the Premier directs the work of the State Council.19Andthe pass of a regulation takes the form of that the Premier sign his/her nameto ratify it.
 
 Finally,publication of the ratified regulation. According to a notice concerningadministrative regulation-making procedure issued by the State Council on May31, 1988, all administrative regulations ratified and signed by the Premiershall be published in both the StateCouncil Gazette (guowuyuang gongbao)and the People’s Daily to make thempublic.


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